Ms Sneha Undavalli vs State Of Telangana
2023 Latest Caselaw 1896 Tel

Citation : 2023 Latest Caselaw 1896 Tel
Judgement Date : 1 September, 2023

Telangana High Court

Ms Sneha Undavalli vs State Of Telangana on 1 September, 2023

Bench: Surepalli Nanda

             HON'BLE MRS JUSTICE SUREPALLI NANDA


             WRIT PETITION No.22621 of 2023

ORDER:

Heard Mr.P.Srinivasa Rao, learned counsel

appearing on behalf of petitioner and learned

Government Pleader for Medical Health, appearing on

behalf of respondent No.1 and of Mr.A.Prabhakar Rao,

learned Standing Counsel appearing on behalf of

respondent No.2-University.

PERUSED THE RECORD

2. The petitioner approached the Court seeking the

prayer as follows:

"to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the in action of the respondents in digitally(Online) evaluating the answer scripts of the petitioner relating to the Biochemistry of 1st year MBBS examination held in June, 2023 as bad in law and in violation of the fundamental rights guaranteed under the Constitution of India and consequently to direct the respondents to provide the answer scripts of petitioner (Registration No.2001009127) of Biochemistry of 1st year MBBS held in June, 2023, so

SN,J WP_22621_2023

as to examine whether verifying or Re totaling of the answer scripts has been properly done or not and verify whether the evaluation was proper and consequently to direct the respondents to provide the copies of answer script of 'Bio-Chemistry' paper in which the petitioner could not pass and to manually evaluate the above said answer script of the petitioner and declare the results of the same in a transparent manner and grant such other order or orders as this Hon'ble Court deem fit and proper in the interest of justice."

3. The main grievance of the petitioner is that she is doing

MBBS course in Mediciti Institute of Medical Sciences,

Hyderabad and she appeared for 1st year examinations with

Registration No.2001009127 conducted in the month of June,

2023 by 2nd respondent university. Though she answered very

well in the examinations and was expecting more than 60%

put together in theory and practical examinations are

concerned, she was erroneously declared as failed in 'Bio

Chemistry' with 6 marks.

4. The learned Counsel for the petitioner vide Memo dated

29.08.2023 brings on record the representation made by the

petitioner to the respondent no.2, requesting the 2nd

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respondent for the revaluation of her Bio Chemistry Paper-I

and Paper-II of the 1st year MBBS Examination conducted in

July, 2023. The learned counsel for the petitioner also

places reliance upon the Judgment of the Apex Court

reported in (2008) 14 S.C.R. 1032 in between Sahiti

and others Vs. the Chancellor Dr.N.T.R University of the

Health Sciences and others (Civil Appeal No.6202 of

2008), dated 22.10.2008 and in particular paragraph

'G' reads as under:

"That the Vice-Chancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under the Act and shall report to such authority the action taken by him on such matter."

5. The learned Standing Counsel appearing on behalf

of respondent No.2-University submits that the Writ

petition could be disposed of directing the 2nd

respondent to consider the representation of the

petitioner dated 20.08.2023.

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6. Taking into consideration the submissions of both

the learned counsel appearing on behalf of petitioner as

well as Respondents and in the light of the aforesaid

discussion, the present writ petition is disposed of

directing the 2nd respondent to consider the

representation of the petitioner dated 20.08.2023 duly